Guam § 5201 - Discriminatory Practices Made Unlawful; Offenses Defined.

§ 5201. Discriminatory Practices Made Unlawful; Offenses Defined.

It shall be an unlawful employment practice or unlawful discrimination:

(a) For any employer to refuse to hire or employ or to bar or

discharge from employment, or otherwise to discriminate against any

individual in compensation or in the terms, conditions, or privileges of

employment because of race, sex (including gender identity or

expression), age, religion, color, honorably discharged veteran and

military status, sexual orientation, or ancestry;

(b) For any employment agency to fail or refuse to refer or

employ, or to classify or otherwise to discriminate against any

individual because of race, sex (including gender identity or

expression), age, religion, color, honorably discharged veteran and

military status, sexual orientation, or ancestry;

(c) For any employer or employment agency to print, circulate or

cause to be printed or circulated any statement, advertisement or

publication or to use any form of application for employment or to

make any inquiry in connection with prospective employment, which

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expresses, directly or indirectly, any limitation, specification or

discrimination as to race, sex (including gender identity or expression),

age, religion, color, honorably discharged veteran and military status,

sexual orientation, or ancestry, unless based on a bona fide

occupational qualification. All employers or employment agencies

shall have up to six (6) months to modify personnel forms and policies

to come into compliance with the changes to the Guam Code contained

in this Act;

(d) For any labor organization to exclude or expel from its

membership any person or to discriminate in any way against any of its

members, employer or employees because of race, sex (including

gender identity or expression), age, religion, color, honorably

discharged veteran and military status, sexual orientation, or ancestry;

(e) For any employer, labor organization or employment agency to

discharge, expel, or otherwise discriminate against any person because

he has opposed any practice forbidden by this Chapter, or because he

has filed a complaint, testified or assisted in any proceeding respecting

the employment practices and discrimination prohibited under this

Chapter.

(f) For any person whether an employer, employee or not, to aid,

abet, incite, compel or coerce the doing of any of the practices

forbidden by this Chapter, or to attempt to do so.

(g) for any employer, labor organization or employment agency to

require any person to become or remain a member of any labor union or

labor organization as a condition of employment or continuation of

employment, or to require a person to abstain or refrain from

membership in any labor union or labor organization as a condition of

employment or continuation of employment, or to require any person to

pay dues, fees or other charges of any kind to any labor union or labor

organization as a condition of employment.

(h) For any employer to use the circumstances of an individual’s

credit history as a reason for denial of employment, or as a reason for

termination of employment, unless the circumstances are substantially

related to the requirements of a particular job or licensed activity. An

employer may request a credit history background check as part of the

application process where it is shown to be directly related to the

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position sought by the applicant under at least one of the following

circumstances:

(1) the position requires bonding or other security under state

or federal law for an individual holding the position;

(2) the position is managerial and involves setting the

direction or control of the business;

(3) the position meets criteria in specified federal or state

administrative rules to establish the circumstances when a credit

history is a bona fide occupational requirement;

(4) the duties of the position involve access to customers’,

employees’, or the employer’s personal or financial information

other than information customarily provided in a retail transaction;

(5) the duties of the position involve a fiduciary responsibility

to the employer; or

(6) the position includes an expense account.

Any employer who chooses, consistent with this Subsection, to use an

individual’s credit history as a part of the hiring process, or an

individual’s credit history as part of the retention process, shall disclose

this fact to the individual, and shall obtain written consent from the

individual prior to requesting a credit history background check. The

employer shall follow all of the legal rules set out in the federal Fair

Credit Reporting Act for any subsequent determination(s) or action(s)

taken as a result of information contained in an individual’s credit

history background check. For the purposes of this Subsection, the term

“fiduciary responsibility” shall refer to a relationship in which an

employee has a responsibility of care for the property or funds of the

employer or its customers.